Legal Representation

You have the right to representation at a Mental Health Review Tribunal (Tribunal) hearing if you want it. This can be a lawyer, a nominated support person or another person.

In times where you can understand and express what you think about your treatment and what you think is best for you, the representative must share your views with the Tribunal.

In times where you cannot understand or express what you think, the representative must do what is in your best interests.

Sometimes, the Tribunal must organise a legal representative for you if you don’t have one.

When will the Tribunal arrange legal representation?

The Tribunal must get you legal representation if:

• you are under 18 years old
• the hearing is to decide whether you are fit for trial
• the hearing is to decide whether electroconvulsive therapy should be used to treat your mental illness
• if the Attorney General, or a representative is at the hearing the Tribunal can also get you a lawyer if they think it is in your best interests.

What help can I get from the representative?

You can ask for help you with:

• appealing a decision made by the Tribunal
• filing an application for review of an applicant review of a treatment authority, forensic order or treatment support order
• requesting a statement of reasons or other documents
• completing a Self-Report before your hearing

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